Frank Rust v. Chino Prison Healthcare Providers et al

Filing 89

JUDGMENT by Judge John A. Kronstadt, in favor of A Farooq Muhammed against Frank A Rust Related to: R&R - Accepting Report and Recommendations 88 . IT IS ADJUDGED that (a) Defendants' motion for summary judgment (Dkt. 66 ) is granted. IT IS FURTHER ADJUDGED that all of Plaintiff's other federal claims are dismissed without prejudice. (See document for details.) (MD JS-6, Case Terminated). (sbou)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FRANK A. RUST,

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Plaintiff,

Case No. 5:17-cv-00556-JAK-KES
JUDGMENT

v.
CHINO PRISON HEALTHCARE
PROVIDERS, et al.,
Defendants.

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Pursuant to the Court’s Order Accepting the Report and Recommendation of
United States Magistrate Judge,
IT IS ADJUDGED that (a) Defendants’ motion for summary judgment (Dkt.

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66) is granted as to Plaintiff’s (i) Eighth Amendment claims against Drs. Vu and

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Farooq arising out of their alleged failure to protect him from LVN Warfield,

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(ii) Eighth Amendment claim against Dr. Vu arising out of the failure to provide

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Plaintiff with a cervical pillow, and (iii) First Amendment claim against Dr. Vu

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arising out of his alleged retaliation against Plaintiff failing to provide him with a

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cervical pillow;

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IT IS FURTHER ADJUDGED that all of Plaintiff’s other federal claims are

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dismissed without prejudice for failure to exhaust administrative remedies; and

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IT IS FURTHER ADJUDGED that Plaintiff’s claims sounding in state law

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(if any) are dismissed without prejudice to Plaintiff pursuing those claims in state

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court.

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DATED: May 29, 2019

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____________________________________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE

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